Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1960 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
Input Field |
Entered |
---|---|
SERIAL NUMBER | 87468666 |
LAW OFFICE ASSIGNED | LAW OFFICE 121 |
MARK SECTION | |
MARK FILE NAME | http://uspto.report/TM/87468666/mark.png |
LITERAL ELEMENT | SIMPLY NATURAL |
STANDARD CHARACTERS | NO |
USPTO-GENERATED IMAGE | NO |
ARGUMENT(S) | |
The trademark has been refused due to not having any "chocolate" products available per the classification selected. Simply Natural has gotten the "chocolate" bark up and available on the website. Sample attached. | |
EVIDENCE SECTION | |
EVIDENCE FILE NAME(S) | |
ORIGINAL PDF FILE | evi_104491673-20180118091219903685_._Chocolate_Bark_Specimen.pdf |
CONVERTED PDF FILE(S) (1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\874\686\87468666\xml15\RFR0002.JPG |
DESCRIPTION OF EVIDENCE FILE | Evidence includes statement of chocolate product now available as well as pdf of the product from the website |
GOODS AND/OR SERVICES SECTION (current) | |
INTERNATIONAL CLASS | 030 |
DESCRIPTION | Confectioneries, namely, snack foods, namely, chocolate |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 01/01/2017 |
FIRST USE IN COMMERCE DATE | At least as early as 01/01/2017 |
GOODS AND/OR SERVICES SECTION (proposed) | |
INTERNATIONAL CLASS | 030 |
DESCRIPTION | Confectioneries, namely, snack foods, namely, chocolate |
FILING BASIS | Section 1(a) |
FIRST USE ANYWHERE DATE | At least as early as 01/01/2017 |
FIRST USE IN COMMERCE DATE | At least as early as 01/01/2017 |
STATEMENT TYPE | "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. |
SPECIMEN FILE NAME(S) | |
ORIGINAL PDF FILE | SPU0-104491673-20180118091219903685_._Chocolate_Bark_Specimen.pdf |
CONVERTED PDF FILE(S) (1 page) |
\\TICRS\EXPORT17\IMAGEOUT17\874\686\87468666\xml15\RFR0003.JPG |
SPECIMEN DESCRIPTION | Specimen shows that Simply Natural does indeed have a "chocolate" product available on the website |
SIGNATURE SECTION | |
DECLARATION SIGNATURE | /Sean Busch/ |
SIGNATORY'S NAME | Sean Busch |
SIGNATORY'S POSITION | Owner |
SIGNATORY'S PHONE NUMBER | 516-695-3111 |
DATE SIGNED | 01/18/2018 |
RESPONSE SIGNATURE | /Sean Busch/ |
SIGNATORY'S NAME | Sean Busch |
SIGNATORY'S POSITION | Owner |
SIGNATORY'S PHONE NUMBER | 516-695-3111 |
DATE SIGNED | 01/18/2018 |
AUTHORIZED SIGNATORY | YES |
CONCURRENT APPEAL NOTICE FILED | NO |
FILING INFORMATION SECTION | |
SUBMIT DATE | Thu Jan 18 09:30:34 EST 2018 |
TEAS STAMP | USPTO/RFR-XXX.XX.XX.XX-20 180118093034012988-874686 66-510a3456e31e6b35883b42 7c6dc29e98dcb7916d4dfe93a 28f1a6bb5efc389966c-N/A-N /A-20180118091219903685 |
Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1960 (Rev 10/2011) |
OMB No. 0651-0050 (Exp 09/20/2020) |
DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.
STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.